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Serious Fraud Office Act 1990

General provisions relating to warrants and exercise of powers under Parts 1 and 2 - General provisions relating to warrants

12: Effect of warrant

You could also call this:

"What happens when a search warrant is issued"

Illustration for Serious Fraud Office Act 1990

When a warrant is issued under this Act, it allows the person executing it to enter and search a place one time within 14 days. You can do this at a reasonable time, and you can use help if you need it. You can also use force to get in or open things if it's reasonable. If you are executing a warrant, you can look for and take documents or things that might be relevant to the investigation. You can also make copies of documents if you need to. You might need to ask someone to help you get information from documents. If someone is helping you execute a warrant, they have some of the same powers as you. Any warrant can have conditions that the person who issued it thinks are reasonable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211439.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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Part 3General provisions relating to warrants and exercise of powers under Parts 1 and 2
General provisions relating to warrants

12Effect of warrant

  1. Every warrant issued under this Act shall authorise the person executing the warrant—

  2. to enter and search the place specified in the warrant on 1 occasion within 14 days of the date of issue of the warrant at any time which is reasonable in the circumstances:
    1. to use such assistance as is reasonable in the circumstances:
      1. to use such force both for gaining entry and for breaking open anything in or on the place searched as is reasonable in the circumstances:
        1. to search for and remove any documents or other thing that the person executing the warrant believes on reasonable grounds may be relevant to the investigation or may be evidence of any offence involving serious or complex fraud:
          1. where necessary, to take copies of any documents, or extracts from documents, that the person executing the warrant believes on reasonable grounds may be relevant to the investigation:
            1. where necessary, to require any person to reproduce, or to assist any person executing the warrant to reproduce, in usable form, any information recorded or stored in any such documents.

              1. Every person called upon to assist the person or persons executing the warrant shall have the powers contained in paragraphs (c) and (d) of subsection (1).

              2. Any warrant shall be subject to such reasonable conditions as the issuer may specify in the warrant.